EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 16 April 2008 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Queensland Mud Crab Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries Act 1994
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 14 October 2015.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 14 October 2015. The only effect of this amendment is to extend this date.
In determining to include the specimens in the list of exempt native specimens, regard was had to the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.' Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self-governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. In this instance, the Delegate of the Minister for the Environment consulted with Fisheries Queensland as Fisheries Queensland has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 21 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly biodiversity, and to facilitate ecologically sustainable development. The Act addresses the gap in legislation by establishing a comprehensive framework for environmental protection and biodiversity conservation, including provisions for the regulation of native species trade. The EPBC Act was enacted by the Australian Parliament and its policy objective is to conserve and protect Australia's biodiversity and environment through the regulation of activities that may impact them. This legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, specifically concerning specimens derived from the Queensland Mud Crab Fishery, to allow continued export until 14 October 2015. The decision to amend the list was made after consultation with relevant stakeholders and public comment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens is applicable to specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, taken in the Queensland Mud Crab Fishery. This amendment affects entities and individuals involved in the trade of these specimens, ensuring compliance with the set conditions to avoid the stringent trade control provisions applicable to regulated native specimens. Geographically, this Act applies across Australia, with its authority stemming from the Commonwealth under the EPBC Act. The legislative instrument revokes previous conditions for these specimens to be included in the list of exempt native specimens, replacing them with new conditions that mandate the specimens be lawfully taken and remain in the list until 14 October 2015. The Act also highlights the requirement for consultation with relevant stakeholders, including Fisheries Queensland, and public consultation via the Department of the Environment’s website. This legislative instrument is designed to facilitate continued export of these specimens until the specified date, ensuring that the ecological sustainability of the fishery is maintained in line with the Australian Government’s guidelines.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a provision, under section 303DB, which establishes a list of exempt native specimens. Specimens listed in this category are exempt from the trade control provisions that apply to regulated native specimens (section 303DB(1)). In the case of the instrument amending the list of exempt native specimens, it revokes the conditions that applied to specimens derived from fish or invertebrates, other than those listed under Part 13 of the EPBC Act, taken in the Queensland Mud Crab Fishery (section 303DC(2)). Instead, it imposes new conditions, stipulating that the specimens must be taken lawfully and remain exempt until 14 October 2015 (section 303DC(3)).
The obligations imposed by this legislation are centred on ensuring that the specimens included in the list of exempt native specimens were taken lawfully. This requirement ensures compliance with fisheries regulations and management practices. Furthermore, the inclusion of the specimens in the list until 14 October 2015 means that exports of these specimens can continue within this timeframe, provided they meet the criteria of being taken lawfully. The Minister for the Environment must also consult with relevant ministers, Fisheries Queensland, and invite public comment before making such amendments, ensuring a balanced approach that considers ecological sustainability and stakeholder input (section 303DC(3)).
In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the conditions imposed. However, any unlawful taking of specimens would likely be subject to penalties under the relevant fisheries regulations and other applicable laws. The broader EPBC Act does provide for offences related to the illegal trade of native specimens, with penalties that can include substantial fines and imprisonment, reflecting the seriousness of biodiversity conservation and management issues.